Plan C Terms and Conditions
- Contract Term: This contract is effective as of the date it is signed and first payment is due at the time of execution. The contract terminates on June 30, 2015.
- Sole Supplier: All oil deliveries will be made on an automatic basis and shall be the responsibility of Tuxis-Ohr’s. In consideration of Tuxis-Ohr’s responsibility to secure the agreed upon quantities of oil in accordance with CT State law, Customer agrees to purchase 100% of Customer’s oil from Tuxis-Ohr’s. Customer will be considered to have breached this contract if Customer accepts less than 65% of the oil which Customer and Tuxis-Ohr’s have agreed to in this contract.
- Credit Balances as of June 30, 2015: As of June 30, 2015, if Customer has a credit balance on the Customer’s account the credit shall remain there for credit against future purchases or a refund check can be issued if requested.
- Balances due as of June 30, 2015: As of June 30, 2015, if Customer has a balance due on the Customer’s account the balance shall be paid in full by July 15, 2015.
- Deliveries after June 30, 2015: Tuxis-Ohr’s will continue to deliver to Customer on an automatic delivery basis and customer agrees to accept such automatic deliveries unless customer notifies Tuxis-Ohr’s in writing requesting termination of automatic delivery. Any gallons delivered will be charged at Tuxis-Ohr’s posted price at the time of delivery. Such posted price may be more or less than the price agreed to in this contract.
- Limitation of Liability: In no event shall either party be liable for consequential, incidental, indirect or punitive damages (including but not limited to lost profits or savings) however caused, even if such party has been advised or is otherwise aware of the possibility of such damages.
- Liquidation Damages: In the event that Customer breaches this contract by not abiding to the Terms and Conditions set herein, Tuxis-Ohr’s reserves the right to charge Customer a liquidation fee equal to the damages suffered by Tuxis-Ohr’s and any lost profit. The liquidation damages will be based on unused gallons multiplied by the difference between the contract price and the posted price on the date of the breach. Tuxis-Ohr’s also reserves the right to charge Customer an additional fee of $200 for administration charges associated with your unused fuel in addition to any reasonable legal fees sustained by Tuxis-Ohr’s in the enforcement of this clause.
- Downside Protection: In the event Tuxis-Ohr’s posted price of oil falls below the agreed upon price in this contract, customer will pay the lower price. In order to take advantage of falling oil prices, customer shall pay a one-time fee of $99.